Deputies' Elderberry Flub Settled

The Sheriff's Office Reached An Agreement With The Family Whose Benign Bushes Were Mistaken For Marijuana.

June 18, 1994|By Debbie Salamone of The Sentinel Staff

Orange County Sheriff Kevin Beary will apologize and pay $40,000 to a family who was handcuffed and threatened at gunpoint by a deputy sheriff who mistook their elderberry bushes for marijuana plants.

The agreement announced Friday settles a lawsuit brought by Ed and Jan Carden and five other family members in 1992, when Beary's predecessor, Walt Gallagher, was sheriff. The case was set for trial next week.

Orlando attorney Joseph Piazza said the Cardens accepted the settlement offer only because it included an apology. It is the first they will have received since several family members, including children, were cursed at, threatened at gunpoint and ordered to lie face down in their yard while two dozen deputies swarmed their property, Piazza said.

He said the family considered the money less important than the apology but wanted a large-enough sum to send a strong message.

''They are pleased finally there will be a public admission,'' said Piazza, who handled the case for the American Civil Liberties Union.

A public apology probably will be scheduled for later next week, Piazza said. As the Sheriff's Office leader, Beary will make the apology even though the incident occurred before his administration.

Beary is expected to promise he will not tolerate violent or inappropriate behavior by deputies in the future, something the family specifically requested, Piazza said. The $40,000 will be paid by the Sheriff's Office.

''We just felt it was appropriate to settle the matter and put it behind everyone,'' sheriff's spokesman Steve Jones said. ''The sheriff is committed to reassuring them (the family) that improper searches and mistreatment of citizens will not be condoned.''

The lawsuit was filed on behalf of seven members of the Carden family - Ed and Jan; three children ages 5, 10 and 15 at the time; Jan Carden's father, Roger Piorier; and the Cardens' son-in-law, Russell Smith. The family accused the Sheriff's Office of invasion of privacy, trespassing, false imprisonment, assault and battery and intentional infliction of mental distress.

The mix-up occurred when Deputy John Brick, following up on a tip, came onto the Carden's five acres at 8715 Trevarthon Road and thought he found marijuana plants. Brick held several family members at gunpoint. When fellow officers arrived, some family members were handcuffed and placed in patrol cars.

Without a warrant, the deputies searched several buildings to look for what they thought was marijuana-growing equipment, the lawsuit said. The equipment turned out to be building equipment.

During the search, another deputy realized the elderberry bushes were not marijuana plants, and the family was freed.

Brick, who today is a corporal in the patrol division, has said he apologized to the family. He was reprimanded for trying to handle the situation without first calling for backup. He was cleared of swearing.

The Sheriff's Office had maintained throughout the lawsuit that the circumstances of the situation could lead a law officer to conclude a crime was being committed. Lawyers said the deputies had cause for arrest, acted in good faith and never intended to violate anyone's rights.